Bombay High Court

MR. SHAILENDRA PRABHAKAR DIXITversusPUNE MUNICIPAL CORPORATION THROUGH ITS COMMISSIONER AND ORS.

Decided: 2 September 2026
Disposal: Disposed Off

Holding

The writ petition was dismissed as withdrawn.

Summary

The petitioner, a devotee of Shankar Maharaj, filed a writ petition challenging the Pune Municipal Corporation's alleged irregular permission to demolish and reconstruct a structure at the Santvarya Yogiraj Shri Shankarmaharaj Samadhi and seeking regularization of the new construction. The petitioner claimed the corporation granted repair permission without inspection, leading to demolition and replacement with an RCC structure, which he argued obstructed the Parikrama Marg. The corporation cited a regularization permission granted in 2016. During proceedings, the petitioner’s counsel sought to withdraw the petition, arguing that withdrawal would not preclude a public cause for other devotees. The court accepted the withdrawal and disposed of the petition as withdrawn.

Issues considered

Whether a writ petition may be withdrawn by the petitioner after filing

Subjects

public trust
municipal corporation
regularization of illegal structures
withdrawal of writ petition
public cause

Judgment

                               1/2                24 WP 8956-19.doc


     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CIVIL APPELLATE JURISDICTION
                 WRIT PETITION NO. 8956 OF 2019

Shailendra Prabhakar Dixit                   ..   Petitioner
                    Versus
Pune Municipal Corporation Through Its       ..   Respondents
Commissioner and Ors.
                              …
Mr. Mihir Desai, Senior Advocate a/w Mr. Chetan Arvind Alai,
Mr. Anup Lahoti, Ms. Meghna Gowalani for the Petitioner.
Mr. Ajay Bhise a/w Ms. Deepali Kedar for Respondent No.6.
Mr. Vishwanath Patil a/w Mr. Akshay N for Respondent Nos.1 to 4
(Pune Corporation).
Mr. Kedar Dighe, Addl G.P. a/w Ms. M.P. Thakur, AGP, for the State.
                     CORAM: BHARATI DANGRE &
                             ASHISH S. CHAVAN, JJ.
                     DATED : 2nd SEPTEMBER, 2026

P.C:-
1.       The petitioner, an individual claiming to be a devotee of
Shankar Maharaj, has filed the present Petition with an avowed
purpose of betterment of quality of life of citizens of Pune, and the
Petition seeks relief concerning illegal structures and illegal
Commencement Certificates, as well as the regularization of alleged
illegal structures by the authorities of the Pune Municipal
Corporation.

2.       At the outset, when we made queries with the Petitioner about
his locus, from the Petition, we could peruse that the Petition
revolves around Santvarya Yogiraj Shri Shankarmaharaj Samadhi
situated at Survey No. 19- B, Dkankawadi, Pune, and the said Trust,
according to the Petition, is registered under the Bombay Public Trust

Ashish
                               2/2                   24 WP 8956-19.doc


Act and look after the affairs of the Samadhi/Temple and provide
facilities to the devotees on festive occasions.

         According to the Petitioner, the Trust was approached by
Respondent No.1 for repairs of the old construction, and it was
informed that the structure was dangerous and dilapidated, and the
officials of the Corporation, without visiting the said structure,
granted permission to the Trust to repair the disputed construction
without any specification, as a result, the existing structure was
demolished and new construction with an RCC structure substituted
it. The Petitioner has certain grievances about it, as amounting to an
obstacle in Parikrama Marg, and the permission to regularize the
structure has been called in question by praying for an inquiry to be
conducted against the officials of the Corporation.

         The learned counsel for Respondent No.6 has invited our
attention to the regularization permission granted in its favour in the
year 2016 itself.

3.       When we questioned the locus of the Petitioner and the fact
that it is too late in the day to examine the regularization permission,
the learned Senior Counsel Mr. Mihir Desai, representing the
Petitioner seeks withdrawal of the Petition. However, this withdrawal
of Writ Petition do not forbid a public cause to be espoused if it is
available to the Petitioner or any other devotee of Shankar Maharaj or
member of public.

         Petition stands disposed of as withdrawn.



(ASHISH S. CHAVAN, J.)                      (BHARATI DANGRE, J.)

Ashish

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